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WAGERMAN v. STATE

No. 49A02-9201-CR-42.

597 N.E.2d 13 (1992)

Alvin W. WAGERMAN, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, First District.

Transfer Denied September 15, 1992.

Attorney(s) appearing for the Case

Robert W. Hammerle, Indianapolis, for appellant-defendant.

Linley E. Pearson, Atty. Gen., Geoff Davis, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for appellee-plaintiff.

BAKER, Judge.

In a prosecution under IND. CODE 35-47-2-18 for possession of a handgun with an altered serial number, must the State prove the defendant had knowledge of the serial number's alteration? We hold that it must and therefore reverse.

FACTS

The facts are not disputed. On February 24, 1991, defendant-appellant Alvin Wagerman was a probationary member of the Outlaws motorcycle club. Wagerman, who was carrying his valid handgun license and...

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